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Last modified
1/26/2010 10:50:06 AM
Creation date
10/9/2006 2:13:07 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8230.100.10
Description
Colorado River - Interstate Litigation - Arizona Vs California
State
AZ
Basin
Colorado Mainstem
Water Division
5
Date
6/3/1963
Title
AZ Vs CA - Determination of Rights of States of the Lower Colorado River Basin to Waters of the Main Stream of the Colorado River - Opinion of the Supreme Court of the US - RE AZ Vs CA
Water Supply Pro - Doc Type
Report/Study
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<br />002214 <br /> <br />40 <br /> <br />ARIZONA v. CALIFORNIA. <br /> <br />square miles-could function efficiently only under uni- <br />tary management, able to formulate and supervise a co- <br />ordinated plan that could take account of the diverse, <br />often conflicting interests 'of the people and communities <br />of the Lower Basin States. Recognizing this, Congress <br />put the Secretary of the Interior in charge of these works <br />and entrusted him yvith sufficient power, principally the <br />~ 5 contract power, to direct, manage, and coordinate their <br />operation. Subjecting the Secretary to the varying, pos- <br />sibly inconsistent, commands of the different state legis- <br />latures could frustrate efficient operation of the project <br />and thwart full realization of the benefits Congress in- <br />tended this national project to bestow. We are satisfied <br />that the Secretary's power must be construed to permit <br />him, within the boundaries set down in the Act, to allocate <br />and distribute the waters of the mainstream of the Colo~ <br />rado River. <br /> <br />II. <br /> <br />PROVISIONS IN THE SECRETARY'S CONTRACTS. <br /> <br />A. Diversions above Lake Mead.-The Secretary's con- <br />tracts with Arizona and Nevada provide that any waters <br />diverted by those States out of the mainstream or the <br />tributaries above Lake Mead must be charged to their <br />respective Lower Basin apportionments. The .Master, <br />however, took the view that the apportionment was to be <br />made out of ,the waters actually stored at Lake Mead or <br />flowing in the mainstream below Lake Mead. He there- <br />fore held that the Secretary was without power to charge <br />Arizona and Nevada for diversions made by them from <br />the 275-mile stretch of river between Lee Ferry and Lake <br />Mead 95 or from the tributaries above .Lake Mead. This <br /> <br />", .J . .' <br />95 The location of Hoover Dam is a result of engineering decisions. <br />_ ',' . ", -i , . ," . L 'J ' , , ' ('~" I ",.'. <br />As Senato'r Pittman pointed out, "There is no place to impound the <br />flobd waters' except' at I the I~wer end of the canyon." 68 Ccing: Ree. <br />4413 (1927.). <br />
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